Summary: We will not investigate Mrs X’s complaint about the Council’s safeguarding of a child. The Court is considering the child’s care arrangements, and we cannot investigate issues a Court is considering.

The complaint

1. Mrs X says the Council’s children services team has failed to safeguard her child, B.

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The Ombudsman’s role and powers

2. We cannot investigate a complaint about the start of court action or what happened in court. (Local Government Act 1974, Schedule 5/5A, paragraph 1/3, as amended)

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How I considered this complaint

3. I considered information provided by Mrs X and the Council.
4. I considered the Ombudsman’s Assessment Code.

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My assessment

5. Mrs X says B lives with an extended family member who is putting B at risk.
6. The Council says it will not investigate Mrs X’s complaint because of ongoing court proceedings about B’s care. Mrs X’s complaint documents mention an interim care order.
7. We cannot investigate issues which are the subject of court proceedings. This includes the evidence and information the Council provides the Court including the accuracy of assessments.

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Final decision

8. We will not investigate Mrs X’s complaint because we cannot investigate issues which are the subject of court proceedings.

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Investigator's decision on behalf of the Ombudsman